Md. Abbas Khan v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13565 of 2023 ====================================================== Md. Abbas Khan Son of Md. Kasim Khan, Resident of Village- Chanaur, P.S. and District- Siwan.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Road Transport and National Highway Department, Government of India, New Delhi. 2.

The Secretary, Road Transport and National Highway Department, Government of India, New Delhi.

3.

The Deputy Secretary, RW, National Highway, Patna. 4.

The Commissioner, Saran Division, Saran.

5.

The District Magistrate, Siwan.

6.

The District Land Acquisition Officer, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Kanishk Kaustubh, Advocate For the Respondent/s :

Mr. Additional Solicitor General Ms. Prakritita Sharma, Advocate For the U.O.I :

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2024 Heard Mr. Kanishk Kaustubh, learned counsel for the petitioner and Ms. Prakritita Sharma, for the State.

2. The present writ petition has been preferred for the following relief:

"i. For issuance of direction to the respondent authorities to consider and decide the objection of the petitioner submitted against the wrong categorization of his land acquired vide Notification dated

Patna High Court CWJC No.13565 of 2023(2) dt.05-04-2024 2/3 26.09.2022 and further Notification for declaration dated 08.06.2023 issued by the Road Transport, National Highway Department, for the construction of Ramjanki Path as the land in question is situated on the National Highway (227-A) having its boundary on National Highway form North Side and Branch Road from South Side, therefore, it is commercial in nature but land has been categorized at BHITH.

ii. The petitioner further prays that after considering the representation / objection the respondent authorities be directed to change category of the land as commercial in nature and pay the consequential compensation along with interest in terms of National Highway Act.

iii. Any other relief or reliefs / interim relief as your lordship may deem fit and proper."

3. After some argument, learned counsel for the

Patna High Court CWJC No.13565 of 2023(2) dt.05-04-2024 3/3 petitioner submits that he has submitted objection before the Collector, Siwan on 04.08.2023 and would expect him to dispose it of in accordance with law.

4. In view of such limited prayer made by the learned counsel for the petitioner, the writ petition stands disposed of directing the Collector, Siwan to look into the matter (the objection petition dated 04.08.2023 of the petitioner) and take the same to its logical conclusion at an earliest. (Rajiv Roy, J) Adnan/- U